How to restore an apartment donation agreement?

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Published: December 20, 2019

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• 1 Where should I go to get my apartment documents restored?
• 2 If the gift deed is lost, where can I get a duplicate?
• 3 How much does it cost to restore documents for an apartment?
• 4 Where should I go to get my apartment documents restored?
• 5 What is the danger of not having documents for a new building?
• 6 How to restore a purchase and sale agreement
• 7 Questions and answers.
• 8 International Faculty

How and where to restore documents for an apartment if lost

1. Agreements containing information about the transaction with the apartment (purchase and sale agreement, gift, exchange, rent);
2. Court decisions (if the ownership of the apartment is established by the court);
3. Certificates of the right to inheritance (issued by notaries and issued to heirs by law and will);
4. Agreement on the transfer of ownership of housing (in case of privatization of state and municipal housing assets);
5. Documentation in the field of shared construction (certificate of payment of shares, agreement of shared participation in construction).

1. Remember where the contract was concluded and go there again.
2. Submit an application to the head of local government, and then municipal employees themselves will forward it to the responsible persons.
3. Contact your local MFC. The very meaning of the existence of such organizations is precisely so that people do not run around the authorities and wonder where exactly to turn, but all come to one institution and resolve their issues there.

The concept of a sham contract

According to paragraph 2 of Art. 170 of the Civil Code, a sham agreement should be considered any agreement, the purpose of which was not to achieve its legal result - it was concluded only to cover up any other transaction , including illegal or on other conditions. In turn, the absence of a legal result in the actions of the parties to legal relations contradicts the main features of a civil transaction (Article 153 of the Civil Code), which is why a sham agreement should be considered void (absolutely invalid).

Within the framework of a sham agreement, it is customary to distinguish between 2 transactions - covered and covering . A cover transaction is always void, regardless of whether its formal content complies with the law. The validity of the covered transaction is assessed in each particular case separately, depending on its essence, content and the possibility of applying the rules governing it to it.

Sham contracts always do not correspond to the true internal will of the parties who enter into them. Based on this, legal literature classifies them as transactions with vice of will , most of which are contestable.

Attention

According to paragraph 1 of Art. 167 of the Civil Code, any sham transaction is invalid from the moment of its completion. From a legal point of view, when concluding a sham contract, regardless of the actions of its parties, they still remain in the property position in which they were before its conclusion.

Most often, sham transactions are made by the parties in order to achieve any illegal consequences - circumventing regulatory prohibitions and restrictions, tax evasion, etc. At the same time, their external design, formal content, parties and other components may well have a legal appearance , which creates significant problems when challenging them.

The insignificant nature of a sham contract gives rise to a special procedure for recognizing its invalidity. According to paragraph 1 of Art. 166 of the Civil Code, the pretense of a transaction indicates its invalidity without recognition of this fact by the court . Thus, if the fact of sham is indisputable, when challenging such a transaction, the functions of the court are reduced only to the application of general or special consequences. However, if the fact of pretense requires proof, recognition of invalidity is possible only by a court decision.

Where and how can I get a duplicate of the apartment privatization agreement

After all the necessary documents for privatization have been collected, citizens and the local administration enter into an agreement under which the apartment is transferred to them as private property. It is on the basis of this agreement that the right is then registered and an entry is made in the Unified State Register of Real Estate. But what to do if the document is lost? Is it possible to restore it and how? This article will help you understand these issues.

Information about the number of the lost certificate and the date of its issue will be in the main part of the document. The difference is the mark at the top of the duplicate “In replacement of the lost one,” and at the bottom there is information about the reason for issuing the duplicate, information about the applicant, date, identification mark and other important information related to obtaining a duplicate.

Restoration of documents for an apartment

Since without these important attributes of an apartment, not only will it be impossible to carry out any manipulations with it, such as selling, donating, etc., but this situation is also extremely unfavorable, due to the possible emergence of problematic situations in which you will have to prove that this is your apartment .

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Good day, Tatyana! If the agreement was drawn up by a notary, you can obtain copies from the other party to the agreement (if she agrees voluntarily) or from a notary. The basis for the second option is Article 44.1. Fundamentals of legislation on notaries:

How can I get a copy of the gift deed?

When performing a notarial act, notaries leave in the files of the notary office one copy of notarized wills, contracts, notarial certificates and executive inscriptions. At the discretion of the notary, one copy of other notarized transactions may be left in the files of the notary office.

If you received ownership of the apartment upon joining a housing construction cooperative, then when restoring the agreement, you must take a copy of the certificate confirming the payment of the first payment and contact the management of the cooperative. Here they can help you recover your lost document.

If the gift deed is lost, where can I get a duplicate?

3 However, all of these documents are completely insufficient for you to be completely sure that this is not a fraudster, that in the future third parties will not lay claim to the apartment, and that the transaction will not be recognized as illegal in accordance with Articles 2965 and 3075 of the Civil Code of the Russian Federation. Therefore, additionally ask the seller to present an extract from the state registration register, which will indicate all the persons who have ever been the owners of the apartment.

In addition, it is advisable to apply to the court with a request to prohibit any transactions with real estate for which the document was lost or stolen. This ensures that criminals will not be able to use lost documents for their own illegal purposes and will significantly reduce the risks of the legal owner of the apartment.

Similar questions in the field of Housing Law

The procedure for registering a contract for the privatization of a real estate property is carried out within a time period of ten days from the date of filing the relevant petition.

If the papers were issued before 1998, then to restore them you need to contact the notary who issued the papers. This notary office should have an archive with the necessary information.

Get qualified help right now! Our lawyers will advise you on any issues out of turn.

After a decision is made to cancel the deed of gift, the donee is obliged to return the donated property if the natural appearance was preserved at the time of cancellation of the donation. If the property was damaged, the donor has the right to demand compensation for damage through the court.

A deed of gift can be canceled both by the donor and the donee. If the gift agreement is canceled not through the court, then both parties must have agreed to the cancellation of the gift agreement. To revoke the deed of gift in this case, you need to contact a notary, as well as draw up a separate agreement.

In this case, the recipient writes a deed of gift with the property that he received in the name of the donor. Regardless of whether the property is real estate, a vehicle or anything else.

The donor can also cancel the gift agreement if it stipulates the possibility of termination at the request of both parties. For this termination, you will also need to contact a notary, since for cancellation it will be necessary to draw up an agreement and have it certified.

In order to revoke a deed of gift without going to court, the consent of both parties is required. In all other cases, just like in proving the invalidity of a gift agreement, you need to go to court.

When the parties cannot reach a mutual agreement, it becomes necessary to go to court. However, revoking a deed of gift in court has its own difficulties. The main difficulty that may arise is the need to have compelling legal grounds for terminating the contract. The court will not be based simply on the wishes of the donor.

To go to court you will need:

• Draw up a statement of claim;
• Provide a deed of gift for it (it is also recommended to make one or two copies of the deed of gift);
• Pay the fee and provide a payment receipt;
• Provide compelling evidence of the insolvency of the transaction.

There may be more copies, but you will have to pay extra for the use of forms. A budget option is to request notarized copies of the contract. The legislator associates such prohibitions with the professional activities of these persons. They are dictated by the fight against corruption crimes.

The procedure for restoring documents for an apartment

At the bottom of the document, a certification inscription is made on the duplicate containing the date and reason for issuing the duplicate, information about the applicant and other important information. The duplicate registration certificate must also include the number of the lost document and its date of issue.

In addition, the City Registration Bureau, where ownership of a privatized apartment was registered, must have certified copies of documents and information about who owns it, and various certificates. This organization does not always have this name; it can be any organization entrusted by local governments with carrying out the privatization of the housing stock. Thus, these may be special privatization services, or individual employees serving under the district or city administration. Also, a copy of the agreement is always stored in Rosreestr and BTI.

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How to recover lost documents for a house

› Therefore, in order to take action to restore it, you need to contact the Territorial Center, which provides services to the population. As a rule, there are such institutions in every district of large cities.

But if for some reason you cannot get to this center or it simply does not exist in your place of residence, you can turn to a regular BTI for help. The title document confirming property rights that arose before 2008 is the registration certificate, which was issued by the BTI authorities. Technical Technical documents contain a description of the essential characteristics of a residential premises, allowing for the identification and individualization of each property.

Such documents record information about the area, size, cost of the premises and other parameters. Therefore, in order to take action to restore it, you need to contact the Territorial Center, which provides services to the population. As a rule, there are such institutions in every district of large cities.

Where to get a duplicate of an apartment privatization agreement

At the same time, in the application it is important to indicate the reason for issuing a duplicate - loss of the original, and in addition, provide documents confirming your rights to the property. The application will also need to be accompanied by a receipt for payment of the state fee for issuing the document.

Find out on our website how to determine whether your apartment has been privatized, where to start the procedure, whether it is profitable to privatize housing through a realtor or by proxy, and also about in what cases a refusal to carry out your plans may be received from the authorities.

International Faculty

To do this, the apartment owner needs to contact any of the specified organizations with a passport and a receipt for payment for the corresponding service for issuing a duplicate or photocopy. Lost cadastral or technical documents for a real estate object are restored at the BTI. However, if more than 5 years have passed since the date of registration of the technical or cadastral passport, the interested person will have to call a BTI employee to the apartment and pay for his services.

After this, the documents are reissued and the necessary certificates and extracts from the BTI are issued. Documentation for an apartment received by a citizen under a social tenancy agreement must be restored by contacting the housing policy department of the district administration, where the applicant will be given a duplicate of the social tenancy agreement.

How to restore a gift agreement

Something about your aunt has lost everything. Of course we should. A duplicate of the death certificate can be obtained from the registry office, then go to the notary, receive a duplicate of the contract and formalize the inheritance (if the grandmother has no other heirs and if the aunt accepted the inheritance in the manner prescribed by law), and then continue to dispose of the house.

If the gift agreement was registered in the state. register, then no problem - you pay for the state. duty (200 rubles) - order a duplicate of the contract and certificate from the state. registry If the contract is a simple written form, then the notary does not keep it in the archives